A periculosidade para a imposição, manutenção e cessação da medida de segurança: um estudo empírico no Hospital de Custódia e Tratamento Psiquiátrico do Pará

Abstract

The Brazilian criminal law has two forms of state compensation to a criminal offense committed, the application of the penalty and the security measure of the levy. Attributable to the individual, it is up to the imposition and enforcement of deprivation of liberty or restriction of rights, since the mental patients, and therefore untouchable, it is the security measure of compliance in the form inpatient or outpatient. The security measure is the instrument used by the law as a means of submitting patients with mental disorders to appropriate treatment, since the occurrence of the criminal offense was due to the particular pathology involvement and therefore are considered dangerous. However, given the close relationship between medicine and the law is difficult to understand what the concept of dangerousness used by expert forensic psychiatrist who considers the mad offender. This study aims to discuss the concept of dangerousness released in expert reports used to establish, maintain and verify the cessation of danger these individuals in order to prevent safety measure is just a way to deprive the freedom of mental patients of indeterminate form. For this, an empirical research was conducted at the Hospital for the Custody and Psychiatric Treatment of Para, in January-November 2014, especially with the case study in a running process where the security measure is already running since 1999 without that until the completion of the survey, in 2015, the report had not certified the termination of danger. The case study reveals the inapplicability of psychiatric tests for quantifying the danger, concluding, solely, for its maintenance based on the establishment of a single contact with the mentally ill, injuring the basic constitutional principles established by Magna Carta.